Natomas Gardens Investment Group LLC et al v. Sinadinos et al

Filing 402

STIPULATION and ORDER 401 signed by Judge Lawrence K. Karlton on 8/27/12 ORDERING Natomas Gardens Investment Group LLCs second amended complaint and all claims asserted therein, and the counterclaim filed by Larry Deane, are hereby DISMISSED WITH PREJUDICE. Civil Case Terminated. CASE CLOSED.(Matson, R)

1
2
3
4
5
6

LAW OFFICES OF S. CHANDLER VISHER
S. Chandler Visher (California State Bar No. 52957)
44 Montgomery Street, Suite 3830
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for plaintiff Natomas Gardens Investment Group LLC

7

UNITED STATES DISTRICT COURT

8
9
10
11
12

EASTERN DISTRICT OF CALIFORNIA
NATOMAS GARDENS INVESTMENT
GROUP LLC, a California limited liability
company, ORCHARD PARK
DEVELOPMENT LLC, a California
limited liability company,
Plaintiffs,

13
14
15
16

Case No. 2:08-CV-02308-LKK-CKD
STIPULATION FOR VOLUNTARY
DISMISSAL PURSUANT TO FEDERAL
RULES OF CIVIL PROCEDURE, RULE 4
(a) (1)(A)(ii) AND ORDER

v.
JOHN G. SINADINOS, et al.
Defendants.

17
18

AND RELATED COUNTERCLAIMS

19

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

20

Pursuant to Federal Rules of Civil Procedure, Rule 41(a)(1)(A)(ii), Plaintiff NATOMAS

21

GARDENS INVESTMENT GROUP, LLC (hereinafter referenced as “Natomas”), by and

22

through its counsel, and all defendants (except Baljit and Harinder Johl, and Gus Galaxidas who

23

previously were dismissed from this action), including John G. Sinadinos, Stanley J. Foondos,

24

Stephen Foondos, Village Capital Group LLC, Vintage Creek LLC, South Watt & Florin

25

Partners, Chi-Sac Village Capital Investors LLC, Chi-Sac Florin Vineyards, Caselman &

26

Carlisle Partners, Chi-Sac Vintage Creek Investors, Inc., Chi-Sac Gap Investors, Prime Minister

27

Group LLC, Park Ridge Investments LLC, Chi-Sac South Sutter Investors, Chi-Sac White Rock

28
1
STIPULATION FOR VOLUNTARY DISMISSAL OF NATOMAS GARDENS INVESTMENT GROUP,
LLC’S SECOND AMENDED COMPLAINT AND [PROPOSED] ORDER
Case No. 2:08-CV-02308-FCD-KJM-LEK-LKK

1

150 Investors LLC, Chicago South Watt Investors, LLC, Chicago Infill Investors LLC, Stewart

2

Title Company, Glenn Sorensen, Jr., Stockton & 65th, LP, Larry Deane, and Margarida Leavitt,

3

by and through their undersigned counsel (except Margarida Leavitt who has appeared in pro per

4

in the action and Stewart Title of Sacramento who is now appearing in pro per), stipulate to the

5

dismissal of all claims asserted by Natomas in the second amended complaint as follows:

6
7
8
9
10
11
12
13
14
15
16

WHEREAS, plaintiff Natomas has entered into entered into a settlement agreement
attached hereto as Exhibit A with all remaining defendants;
WHEREAS, plaintiff Natomas entered into a settlement agreement with Stewart Title of
Sacramento on July 15, 2010, attached hereto as Exhibit B;
WHEREAS, defendants Baljit and Harinder Johl were previously dismissed from this
action via a motion to dismiss which was granted on May 12, 2009 (Docket # 123);
WHEREAS, defendant Gus Galaxidas was previously dismissed from this action
pursuant to stipulation on July 29, 2009 (Docket # 155);
WHEREAS, the terms of the settlement agreements with all remaining defendants
require Natomas to dismiss all of its claims asserted in this action;
WHEREAS, defendant and counterclaimant Larry Deane has also agreed to the

17

settlement and, pursuant thereto, agrees to dismiss all claims asserted in his counterclaim;

18

WHEREAS, all parties stipulate to (i) the dismissal of Natomas’ second amended

19

complaint and all claims asserted therein as to all remaining defendants, and (ii) to the dismissal

20

of the counterclaim filed by Larry Deane.

21

STIPULATION

22

It is hereby stipulated by and between Natomas Gardens Investment Group, LLC (and for

23

itself alone) and all remaining defendants, listed above, to this action that the Second Amended

24

Complaint filed by Natomas Gardens Investment Group, LLC and all claims asserted therein,

25

and the counterclaim filed by defendant Larry Deane and all claims asserted therein, be

26

DISMISSED WITH PREJUDICE.

27

IT IS SO STIPULATED.

28
2
STIPULATION FOR VOLUNTARY DISMISSAL OF NATOMAS GARDENS INVESTMENT GROUP,
LLC’S SECOND AMENDED COMPLAINT AND [PROPOSED] ORDER
Case No. 2:08-CV-02308-FCD-KJM-LEK-LKK

1
2

Dated: August 24, 2012

Natomas Gardens Investment Group, LLC,
a California limited liability company

3
4

By:

5
6
7

Dated: August 24, 2012

8

/s/ S. Chandler Visher
S. Chandler Visher
Attorney for Natomas Gardens Investment
Group, LLC

Larry Deane
By:

9
10

/s/ Jason Burgess
Jason W. Burgess
Law Offices of Wanland, Burgess &
Brenner

11
12
Dated: August 24, 2012
13
14

For All Defendants Except Larry Deane, Stewart
Title of Sacramento, Village Capital Group LLC,
Vintage Creek LLC & Margarida Leavitt

15
By:
16
17

___/s/ Eric Garner______________
Eric Garner
Kirkman Blaine Klomparens & Youmans
LLP

18
19

Dated: August 24, 2012

Village Capital Group LLC and Vintage Creek LLC

20
By:

21
22
23

Dated: August 24, 2012

___/s/ John Fairbrook___________
John D. Fairbrook
Trainor Fairbrook

Stewart Title of Sacramento

24
25

By:

26
27
28

Dated: August 24, 2012

/s/Paul Carillo
Paul Carillo
Chief Financial Officer
Stewart Title of Sacramento
Margarida Leavitt

3
STIPULATION FOR VOLUNTARY DISMISSAL OF NATOMAS GARDENS INVESTMENT GROUP,
LLC’S SECOND AMENDED COMPLAINT AND [PROPOSED] ORDER
Case No. 2:08-CV-02308-FCD-KJM-LEK-LKK

1
2

By:

3

_/s/Margarida Leavitt__________________
Margarida Leavitt

4
5
6
7

ORDER

8
Based on the stipulation of the parties pursuant to Federal Rule of Civil Procedure, Rule
9
10
11
12

41(a)(1)(A)(ii), Natomas Gardens Investment Group LLC’s second amended complaint and all
claims asserted therein, and the counterclaim filed by Larry Deane, are hereby DISMISSED
WITH PREJUDICE.
IT IS SO ORDERED.

13
14

DATED: August 27, 2012

15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
STIPULATION FOR VOLUNTARY DISMISSAL OF NATOMAS GARDENS INVESTMENT GROUP,
LLC’S SECOND AMENDED COMPLAINT AND [PROPOSED] ORDER
Case No. 2:08-CV-02308-FCD-KJM-LEK-LKK